December 17, 2009

The Jackson Township Supervisors held their regular meeting at 7:00 p.m. at the Jackson Township Municipal Building. Members present were Supervisors Dave Bracken, Bruce Baker and John Wallet along with Secretary-Treasurer / Manager Dave Hirko. Solicitor Bill Barbin was not present. The meeting was called to order by Bruce Baker, Chairman with the Pledge of Allegiance to the flag.

Board Roll Call was taken with all three Supervisors present.

Executive Sessions:

Public Comments Concerning Agenda Items:
Steve Yurasek said, youíre spending too much money. . thereís always that project that we said we canít live without. Now weíre in a tax increase. . .what are we going to start. . .every year now, a tax increase because we spent the money. . . like the $250,000. we gave to the Sewer Authority. . we should have never gave it. You got a street light on every corner. . .if you want to live in the city, why donít people just stay in the city.

Bracken, second Wallet, to approve the minutes of the Board of Supervisors Meetings held on November 19, 2009, December 3, 2009 and December 10, 2009. Vote-3 yes.

Township Financial Report:







$   93,683.12

$      87,517.06

$      102,907.09

$     78,293.09


$ 939,613.32

$ * 131,536.27

$       44,501.99

$ 1,026,647.60


$ 103,658.31

$           14.36

$            100.30

$   103,572.37


$   32,952.92

$        2618.74

$         1,781.98

$    33,789.68


$   62,585.86

$             8.97

$                .00

$    62,594.83

*Amount includes $128,640.00 in reimbursement for engineering and other fees associated with the Swigle Mountain Road Water Project.

Chairman Baker said, Rich. . do you have anything to add to that Swigle Mountain Project. . where weíre at? Rich Wray said the Pennvest loan component of the project was closed on December 7th. Also the interim financing package was closed with First National Bank, also on the 7th that allowed the reimbursement to the Township for your investment in that project. Your investment in the project allowed the Water Authority to encumber approximately 55% of the total project cost in grant / State grant monies. . .with the remainder being loan funds and proceeds for the project thus dramatically reducing the financial burden on the folks to be served. Thank you. Chairman Baker replied, no. . thank you for all your work. Supervisor Wallet added, yes sir. . thank you very much Rich. . itís been a long haul. Supervisor Bracken said, good job Rich. Wallet continued, not everybody knows what weíve been through on this project but we do and I appreciate it.

Wallet, second Bracken to approve the bills for the period of November 20, 2009 through December 17, 2009. Vote-3 yes.

General Fund

Highway Aid Fund

Senior Center Fund

$     102,907.09

$        100.30

$       1,781.98

Township Police Report
The November, 2009 Police Report submitted by Police Chief Bob Fatula was presented. The figures for November were as follows: 911 Calls dispatched to Police: 375 Reportable Part I Crimes: 14 broken down as follows: Larceny-13 and Arson-1. Reportable Part II Crimes: 64 broken down as follows: Fraud-33, Stolen Property-14, Disorderly Conduct-3, DUI (Driving While Under the Influence)-3, Vandalism-3, Forgery-1 and all others-7. Calls Resulting in Cases: 31, Total Arrestees: 25, Total Suspects: 1, Total Victims: 13, DUI Arrests: 0, Traffic Citations: 19, Non-Traffic Citations: 8, Total Warnings: 0.


Old Business:

New Business:
Bracken, second Wallet to approve a one year agreement with Middle Department Inspection Agency for the enforcement of the Pennsylvania State Building Code in Jackson Township. Vote-3 yes. Chairman Baker said, I might ad that appointing MDIA to that position . . .to the Township residents, their fees for building permits will drop 20% from what they are now. Steve Yurasek asked, did you ever check into CTC? CTC is doin it now for the city because the city laid off their Building Inspector and thereís nobody to inspect the sewers or anything so they get CTC up there by the airport to do it. . they have a professional. Baker asked, Concurrent Technologies? Yurasek replied, yeah. . they have a guy who come out the other day to inspect the sewers there by the what ya ma call it and he said theyíre doin all the inspections for the city because the city laid off their inspector. . I donít know what they. . Baker replied, that may be something different but itís worth looking into. Yurasek said, it might be worth looking into since itís local. . . maybe theyíll give you a decent deal or something.

Motion Wallet, second Bracken to accept bid from Berkebile Brothers in the amount of $ 210,776.00 for Mitchell Park Phase I Project. Vote-3 yes.




Bid Amount


Berkebile Brothers

Johnstown, PA

$  210,776.00


S. I. Construction, LLC

Indiana, PA

$  262,210.00


BCS Construction, Inc.

Altoona, PA

$  269,139.00


Oppy Construction Inc.

Johnstown, PA

$  279,258.05


S. R. & G. Construction Co. Inc.

Johnstown, PA

$  285,074.00



Hooversville, PA

$  286,720.00


Landserv Inc.

Boalsburg, PA

$  316,780.00


Schultheis Electric

Latrobe, PA

$  367,464.00

Motion Wallet, second Bracken to approve Capital Reserve Fund bill list for the period of November 19 through December 17, 2009 and transfer $ 44,501.99 from the Capital Reserve Fund to the General Fund. Vote-3 yes.

CAPITAL RESERVE FUND BILL LIST (11/19/09 - 12/17/09)


Purchase Detail


Keller Engineers

Business Park Project

$   17,136.90

Hegemann & Wray Engineers

Swigle Mountain Road Water Project

$    8,500.00

Richard Sutter & Associates

Central Cambria Coalition - Phase II Planing
Business Park Project

$    5,250.00
$    1,950.00

Naugle Insurance Company

January Installment

$    5,971.40

Luther P. Miller

Fuel & Heating Oil

$    2,996.23

Lehman Engineers

Mitchell Park Project

$    1,573.96

Centre Communications

Police Radios (2)

$    1,123.50


$ 44,501.99

Motion Bracken, second Wallet to approve Resolution 10-09 adopting proposed budget for Jackson Township for 2010 as follows: General Fund $ 938,860.00, State Fund $ 152,510.95, Fire Hydrant Fund $ 11,000.00, Rescue Fund $ 35,700.00, Capital Reserve Fund $ 850,000.00, Senior Center Fund $ 63,143.00; Total of All Funds $: 2,051,213.95. Vote-3 yes.

Motion Wallet, second Bracken to purchase property located on Leidy Lane from Bernard & Naomi Marhefka at the appraised value of $61,000.00 with half of that amount to be reimbursed with a grant from the DCNR. Vote-3 yes.

Motion Bracken, second Wallet to purchase property located on Leidy Lane from James & Donna Marhefka at the appraised value of $91,500.00 with half of that amount to be reimbursed with a grant from the DCNR. Vote-3 yes.

Motion Wallet, second Bracken on approving the time sheets from November 15 through November 28, 2009 and November 29, 2009 through December 12, 2009. Vote-3 yes.

Other New Business:

Public Comments:
Bob Albright said, I just want to thank any of you fellows that were involved in getting a bank brought into the Township. . .and if you had anything to do with it, I want to thank you personally. I also want to recommend to the Board of Supervisors to send to the powers that be in Somerset a thank you for taking interest in our Township here. Also, we got a water problem here on Old Nanty Glo Road by Demeter Street, around 212 or 189 there. That water has been running out across the road now for years and Iíd like for something to be done, at least this coming new year. . thatís out by Old Nanty Glo Road out there. Chairman Baker asked, is it run off or? Albright said, itís coming down the lane there and coming out on the road clear across and itís been laying full of water. Eventually itís just gonna lift the blacktop with that water layin there all the time then youíre gonna have to repair the road if you canít keep the water runnin on the road. Another question I have. . .do you Supervisors get compensated for your meetings and how much? Baker replied, yes, the meetings are compensated for the entire year. . . being a Supervisor, itís $2,000 so divide that by 12. Supervisor Wallet added, there are 24 meetings. Albright said, when youíre cutting down expenses here, I was on the internet thanks to Mr. Hirko there, I previewed the past, especially the morning meetings and why do two meetings per month when you can do it all. . . Manager Hirko said, they donít get paid anyway. Supervisor Bracken said, we donít get paid for those meetings. Baker added, we donít set that amount. . the State does. Albright said, even so, you have a Solicitor coming out here for that. Baker replied, heís not here. Albright said, he has been for 2007, 2008 and 2009 for the morning meetings. Baker said, weíre cuttin. Albright said, and the total minutes in 2007 for those morning meetings was 90 minutes total. Your total minutes for 2008 for your morning meetings was a total of 65 minutes and you have 68 minutes in 2009. Baker said, well. .thereís no compensation for that morning meeting . . . for the Supervisors, but itís an advantage to have those meetings because you donít have to advertise in the Democrat. . so weíre here any how. . itís just as easy to have a meeting. Most of the time, thereís nothing going on. Manager Hirko added, itís a catch-all for in-between monthly meetings. Albright added, ok. . I was just curious and was on the internet there. . Mr. Hirko has so much information on the internet. Another thing I want to bring up there. . something that should be done in the coming year that hasnít been done in the last 15 on the old Blackburn Road. You have a situation back there that should be corrected. Wallet replied, we are well aware of that. Albright said, I figured you are well aware of that but something ought to be done. Wallet said, we did some corrective action on it. Albright said, thatís a bad situation there cause my sister. . when she lived back there. . .she wrecked at the corner of the hollow. Wallet continued, we addressed that last year and we looked at some options and what we could do there. Baker said, and the fix we did there actually held . . .stopped the erosion. Wallet said, it held so far but the options that we looked at were very expensive. Albright said. . hey. . what are you paying for this ground out here for kids to play in. . . .this here is a necessity for people to get in and out of their homes. I think this would be more important than a playground. Ok. . one final thing and my two minutes will be up. Have you done anything on the noise in the Township produced from these trucks? I brought it up again in July. . you said. . . Baker said, if the Solicitor said we could do it Bob, we would do it. Albright asked, what did you check out. . .did you contact anybody. . did you ask anybody since July? Baker replied, yes, we did. Albright asked, and what did you find out? Baker answered, Bill said we can not impose an Ordinance against that. Believe me, if we could, we would. . I live there too Bob. Albright said, I just come from Somerset and they have them up there at Haluskaís office right there in Patton. . .both ends of his office they have a sign up there. Baker said, in the borough. Albright answered, yes and in Somerset Borough. . . Conemaugh coming across the Franklin bridge. Iím not saying to do away with the Jake Brakes. . keep the Jake Brakes but reduce the noise in the Township to protect the citizens and the residents. . .thatís all Iím asking. . . thatís all Iíve been asking. You have an Ordinance # 81 thatís been on the books since 1991 and you havenít stopped a truck on that noise that I know of. . do you know of any? Baker replied, those signs were taken down before I came in. Albright said. .hey. . thatís all. . I had my two minutes.

Clair Michaels said. . . yeah. . how much land are you buying out there off of Leidy Lane. . total? . . .roughly. . how many acres? Manager Hirko said, I have it somewhere here. Michaels continued, On the Jake Brake Ordinance. . . Bill Barbin and Iím thinkin Webb. . what was the other Solicitor. . .when it was brought up. . maybe it wasnít Bill. . if thereís an accident on the road and because of not being able to use the Jake Brakes, the Township can be held liable. . thatís why they were taken down. Bob Albright said, thatís all well and good. . I donít want to do away with Jake Brakes. . I want to do away with the excess noise. Michaels asked, what else can you do right now? Chairman Baker answered, well. . in fact when we went to PennDOT last time when they started into the construction of this 22 Project. . and they assured us that when the road was done, the noise would be less because the grade wasnít so steep. They start as far. . you can hear them coming way up the other side and then the whole way down they rattle. Michaels added, I have to say. . I hear them at my place going down the other side. Baker said, but you can sit and watch the new trucks. . our trucks have them and they donít rattle windows like that either. Albright said, you donít hear any Sheetz noise. . Sheetz trucks come down and they donít make nosie. Baker answered, no you don.t Steve Yurasek said, you donít got the muffler. . you donít have it. . thatís just what it all boils down to. People got the mufflers. . it creates noise. Baker said, Iíve even asked a Senator and State Representatives . . they need to make that a State law that they need resinators on those trucks and that would help the problem. Michaels said, yeah. . that would cut it way back. . itís like I said. . look where I live way off of 22 and I can hear them going down the other mountain. Hirko said, Jim & Donna Marhefkaís property is 33,800 square feet or .8 of an acre and Naomi & Bernies is 60,000 square feet or 1.4 acres. Itís mainly just the frontage.

Steve Yurasek said, I got one other comment. . who donít the Supervisors take a lead on this Marcellus Shale thing. . not just in industrial. . .because if somebody doesnít take the lead, weíre gonna lose a lot of money in the long run. Thereís a lot of people in the Township that have land offers that itís gonna hold up drillin on their property. I guess they did good on this one over here. .they wonít say how good but I talked to the big shot down there and he said, it came in good. Why let them leave the area? Chairman Baker replied, oh. . theyíre not leaving. Yurasek said, itís time to get together with the Planning Commission and say, hey boys. Baker said, well. .you canít stop them anyway so thatís a good thing. Yurasek said, well. .no. . I mean the DEP issues the permit. Thatís the thing about it. . youíre trying to regulate. . I mean the Planning Commission is trying to regulate the drilling. . you canít regulate the drilling. . the State regulates the drilling. Baker replied, thatís exactly right Steve. Jeff Baxter asked, why is the Zoning Hearing Board having hearings after the fact? Yurasek replied, thatís waisting a lot of our money right there. Baker said, if you remember, the Ordinance we adopted under suggestion of everybody was defeated in court. . Ordinance # 141. . ok. . now. . the well drilling is an Industrial use. . . an Industrial use isnít permitted in an Ag District. . thatís why weíre having the hearing. Baxter said, well. .why wasnít this taken care of even before they broke ground when they applied for a permit. Baker said, they didnít apply for a permit. . not to us. They were coming. . they applied for a road bond. . next thing you know, theyíre up there. We donít want to stop them. . .we want to be good friends with them. . .we want to encourage them to be here. . we donít want to go to court to get an injunction and stop them in their tracks. Michaels asked, did any of you gentlemen listen to the new tonight? Theyíre talking about taxing it. Baker said, well the County. . . Michaels said, well. . also the Township will get some of that tax. Baker said, thereís a House Bill already right now. . .# 1498 thatís going to give municipalities 5% royalties. Baxter said, Pennsylvaniaís the only state that ainít taxin it. Michaels said, well. . thereís another one but I canít think of it. Baker continued, now out of that 5%. . I donít know if thatís County and local share. . I donít remember what I read in that Bill. Yurasek said, theyíre doing it up in Adams Township. . the same thing and they drilled right over Thanksgiving and I went up to watch them. . they were very nice. . they let me come right up and explained to me. . and not very far from them. . half million dollar houses were built. . about a city block away. There ainít nobody complaining because they know that down the road, this is going to be something. Baker said, the only complaints we received was about the mess on the road. . thatís all. Manager Hirko said, and some noise complaints. Baker said, yes. .so I donít think thereís going to be a problem with these guys. Michaels asked, but is the Zoning going to let them drill the next well they wanna drill? Baker answered, I think so. Michaels said, if they donít let them drill on Agricultural land. . .now the Supervisors might have to take a step on that because the fact is. . . Yurasek added, Middle Taylor and West Taylor. . I already know theyíre on board. . I own a piece of ground in West Taylor. . .trust me. . .theyíre on board down there. . . theyíd let them drill tomorrow if they wanted to. Michaels said, cause they want to drill another one in Jackson Township and they told them theyíd have to go for a Variance on it. . . they have to have a Hearing and that. . why even monkey with them? Baker answered, well. .thatís what weíre trying to fix Clair. Michaels said, yeah. . try and fix that. Baker said, weíre well aware of it.

Chairman Baker
announced, Hereís a little FYI. . Iím one of the Board of Directors on the County Solid Waste Authority and weíre locating illegal dump sites. . . .Jackson topped the list. . it has 15. Jackson Township has 15 marked, designated illegal dump sites. . . so we need to work on that. The next closed one to us is Cambria and then Adams had 8. Thatís not a prestigious honor we want. The Board of Supervisors Annual Reorganization Meeting will be held on Monday, January 4, 2010 at 7:00 pm. The Board of Supervisors next regularly scheduled meetings will be held on Thursday, January 14, 2010 at 8:00 AM and Thursday, January 28, 2010 at 7:00 pm at the Jackson Township Municipal Building. At this time, Iíd like to take a moment to recognize Mr. Bracken for his attention to the Township. . . 14 years. This is Daveís last meeting with us. . .thank you Dave.

Jeff Baxter said, this ground that youíre buying off of Marhefkas. . .the DCNRís going to give half of that? Chairman Baker said, yes sir. . thatís the only reason the purchase is being done. Baxter continued, I was up at Frank Burnís meeting up at the school the other day and I asked him a question about the people who own quads. Pennsylvania and Texas are the two highest States for the people who have quads that they pay registration for. I asked him, how much State Game Lands and State Forests are in Cambria, Blair and Indiana County for the reason of putting a new park in up here. He said, thereís one up in Patton. I asked him, do you know how much money could be generated from this? He wasnít really aware of it until I give him a whole folder of stuff. Baker asked, Frank wasnít aware of Rock Run? Baxter said, of how much money can be made in Cambria County, Blair & Indiana to open up a Park. Up there at Rock Run, you have to pay $15 a day when you want to ride, so I gave him the literature on all of that and he was saying heís going to find out if they can drill Marcellus wells there, why they canít put a Park there. Itís pretty bad when you gotta go the whole way to Virginia to ride 580 miles of trails on State Gamelands and State Forests and you got all that here. Baker said, you could find out how much is in the County on the County Website and our website. . on our map. Clair Michaels added, you could add it all up. Baker said, I think it even says how much forest land. . .thereís a lot in Jackson. . . plus the DCNR got that 3,000 plus acres up there. . thatís on top of the Gamelands. Baxter said, what I understand is thereís gonna be a water park put in Paint Township. . . thatís in Frankís District in Somerset. Supervisor Wallet said, they already did. . they put the boulders and all that stuff in there. Baker asked, Stoneycreek you mean? Baxter replied, yes. Baker said, they do a lot down there. Wallet said, they rigged the Que up for the water release. . that contract is not done. Baxter said, we have the opportunity to make some money by putting an ATV park in. . .a lot of money to be made. Baker said, especially if they can fund it like they did Rock Run.

Bracken, second Wallet to adjourn the meeting at 7:29 pm. Vote-3 yes.

Respectfully submitted,
David M. Hirko, Secretary